Exam 19: Business Law

A distinctive mark, symbol, word, phrase, or motto used to uniquely identify the goods of a particular business, like the Nike "swoosh," can be protected by registering it as which of the following?

In bankruptcy proceedings the first in line to receive payments is the Canada Revenue Agency.

Civil law deals with disputes between private citizens that usually involve which of the following?

The time period in which a lawsuit must be initiated is specified by which of the following?

In which type of contract are the terms explicitly spelled out either orally or in writing?

Rio Bravo Theme Park is known for its variety of roller coasters. Recently, it was reported that two cars on the Macho Nacho roller coaster left the tracks, resulting in serious injuries to four riders. These riders are suing the Theme Park for damages, claiming that the maintenance procedures for the coasters were carelessly performed by the park's staff. When hearing the lawsuits, what will the courts seek to determine?

Judge Baron is set to rule on a case dealing with the interpretation of a newly enacted law. Because Judge Baron is the first to rule on this type of case, his decision will establish a precedent that other courts in the same jurisdiction will be expected to follow when dealing with similar cases in the future.

Which of the following does a judgment handed out in civil court typically entail?

What is meant by an agent's scope of authority? Name and describe three types of scopes of authority.

What type of authority exists when a principal's behaviour leads a third party to reasonably believe that someone has the authority to act as an agent, even though no such agency actually exists?

What do we call a private wrong that results in physical or mental harm to an individual or damage to that person's property?

What is suggested by a comparison of the standard of proof needed to win civil cases and criminal cases?

A precedent is a court ruling on a particular issue that judges who hear similar cases in the future are expected to follow.

Which of the following duties does an agent owe to the principal?

Mario Wallace is a famous tenor who was scheduled to perform at the opening of a new Broadway musical, "The Tardy Tenor." Mario failed to show for the performance, or for any subsequent performance, leaving the director no choice but to utilize the services of another tenor. The musical production company sued Mr. Wallace for not fulfilling his contract. The court ordered an injunction, meaning it ordered Wallace to honour the contract and sing in the musical, as the contract stipulated.

Mark entered into an oral agreement to sell some land to David. Both sides voluntarily agreed to the transaction, both sides provided consideration, and both had the legal capacity to enter into a contract. The sale was for a legal purchase. Under the statute of frauds, this agreement meets all of the conditions necessary for a valid contract for the sale of the land.

Marcellus behaved in a reckless and irresponsible way, resulting in significant damage to Carmella's property. However, it is clear that Marcellus didn't actually intend to do the damage. Marcellus has refused to pay for repairs. Since the damage was unintentional, Carmella cannot successfully sue Marcellus to recover the loss.

In a valid contract, consideration can take the form of which of the following?

Case law, also known as common law, refers to laws that arise from which of the following?

June has suffered from severe back problems because she slipped on some liquid detergent that Henrietta carelessly dropped. Henrietta meant to clean up the spill but got distracted and forgot to do so. June intends to sue Henrietta. If she does so, she will most likely seek to have June found liable for an intentional tort.